87R2973 JRR-D
By: Kolkhorst S.B. No. 1053
A BILL TO BE ENTITLED
AN ACT
relating to commercial motor vehicle route restrictions in certain
counties; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter K, Chapter 201, Transportation Code,
is amended by adding Section 201.9015 to read as follows:
Sec. 201.9015. COMMERCIAL MOTOR VEHICLE ROUTE RESTRICTIONS
IN CERTAIN COUNTIES. (a) In this section, "commercial motor
vehicle" has the meaning assigned by Section 522.003.
(b) This section applies only to:
(1) a county that contains Interstate Highway 10 and
U.S. Highway 77; and
(2) a highway that is under the jurisdiction of the
department.
(c) A county may make a request to the commission to
restrict the operation of commercial motor vehicles on highways in
the county to routes designated by the county. Before making the
request, the designated routes must be approved by the
commissioners court of the county after notice and public hearing.
(d) As soon as practicable after receiving a county's
request under Subsection (c), the commission shall restrict the
operation of commercial motor vehicles on highways in the county to
the routes designated in the request if the commission determines
that the request satisfies the requirements of that subsection.
(e) The commission shall post signage for each highway for
which the operation of a commercial motor vehicle is prohibited
under this section notifying operators of commercial motor vehicles
of the prohibition and the routes where the operation of a
commercial motor vehicle is permitted. The signage must be posted
at locations that enable operators of commercial motor vehicles to
detour to avoid the prohibited highway.
(f) If the owner or operator of a commercial motor vehicle
that is prohibited from using a highway under this section is
aggrieved by the prohibition, the person may file with the county
judge of the county in which the highway is located a written
complaint that sets forth the nature of the grievance. On the
filing of the complaint, the county judge immediately shall set the
issue for a hearing to be held not later than the third day after the
date on which the complaint is filed. The county judge shall
provide the commission with written notice of the day and purpose of
the hearing. The county judge shall hear testimony offered by the
parties. On conclusion of the hearing, the county judge shall
sustain, revoke, or modify the prohibition. The county judge's
judgment is final as to the issues raised.
(g) A person commits an offense if the person operates a
commercial motor vehicle in violation of a prohibition established
under this section. An offense under this subsection is a Class C
misdemeanor.
SECTION 2. This Act takes effect September 1, 2021.